Will I be able to see my children again?

Family court is a separate process from the criminal case

This is worth understanding early: the family court is not the same court, doesn't use the same standard, and doesn't automatically follow the outcome of any criminal case. Its only job is to decide what's in the best interests of your child, this is known as the "paramount consideration". An ongoing police investigation, a charge, or even a conviction, doesn't by itself decide what happens with contact, but it will be taken seriously and looked into.

What generally happens

Safeguarding checks

Cafcass (the Children and Family Court Advisory and Support Service), an organisation independent of the police and social services, checks police and local authority records for any relevant concerns before the first hearing.

The safeguarding letter

Cafcass reports what they've found to the court, along with their advice on the child's welfare and any risks. This is available to the court, and usually to both parents, before the hearing.

Fact-finding hearing

Where allegations are disputed, the court can hold a separate hearing to establish what actually happened, before deciding on risk and contact. This isn't automatic, it's a decision for the court.

Risk assessment

The court may commission a fuller risk assessment, sometimes including a psychological assessment, to understand any ongoing risk and what safeguards might allow safe contact.

Possible outcomes

This varies enormously by case, and honestly, that's the truthful answer rather than a single figure. A parent's criminal record does not automatically end contact. Outcomes generally range from:

Convictions or serious allegations involving indecent images or child exploitation are treated with real weight in these decisions, and can make securing contact, especially unsupervised contact, genuinely difficult. This isn't said to frighten you, it's said so you go into the process with accurate expectations, and with proper legal advice from the start.

What can genuinely help

Risk assessments generally look at more than just what happened, they also look at your understanding of it, and what you're doing about it. Honest engagement with support or therapy, and demonstrated insight into your own behaviour, are the kind of things courts and risk assessors take into account when considering whether, and how, contact might safely happen in future. This isn't a guarantee, and it isn't a shortcut, but it's real, and it's something you can start now, alongside your solicitor's advice.

Worried about what you can safely say to us? See our general guide to confidentiality and the police.